Migration Regulations 1994 - Specification of Addresses for Applications for Contributory Parent (Temporary) (Class UT) Visas - IMMI 06/034

Administered by Department of Home Affairs

Legislation au F2006L01866 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Migration Act 1958Migration Regulations 1994

 

ADDRESSES FOR APPLICATIONS FOR CONTRIBUTORY PARENT (TEMPORARY) (CLASS UT) VISAS

(REGULATION 1221(3)(a))

 

  1. This Instrument is made under regulation 1.17 of the Migration Regulations 1994 (‘the Regulations’) and section 85pParagraph 1221(3)(a)  of the Migration Migration Regulations 1994 (‘the Regulations’)Act 1958 (‘the Act’).

 

2.                  Regulation 1.17 of the Regulations provides that the Minister may, by notice published in the Gazette, specify matters required by individual provisions of the Regulations to be specified for the purpose of those provisions.

 

3.                  Paragraph 1221(3)(a) of the Regulations provides that an application for a Contributory Parent (Temporary) (Class UT) visa must be made by (i) posting the application to the post office box address specified in a Gazette Notice for this subparagraph, or (ii) having the application delivered by a courier service to the address specified in a Gazette Notice for this subparagraph.Section 85 of the Act allows the Minister to determine by Gazette Notice, the maximum number of the visas of a specified class or the visas of specified classes that may be granted in a specified financial year.

 

The purpose of this Instrument is to ensure that all applications for Contributory Parent (Temporary) (Class UT) visas are sent to a particular place for processing.revoke the current Gazette Notice advising that, if being couriered,The purpose of the Instrument is to impose a cap on the number of visa grants for the Non-Contributory Parent Category (‘the Parent Category’) over the 2005-2006 financial year. The Parent Category consists of 2 visa classes – the Class AX Parent (Migrant) visa ‘(the Parent (Migrant) class visa’) and the Class BP Aged Parent (Residence) visa (‘the Aged Parent (Residence) class visa’). A cap of 1000 visas is placed on the Parent Category for the 2005-2006 financial year. Relevantly, this Instrument imposes a maximum number of 740 Parent (Migrant) class visas that may be granted for the 2005-2006 financial year. A separate Instrument imposes a cap of 260 Aged Parent (Residence) class visas th Contributory Parent (Temporary) (Class UT) visa applications are to be addressed to:

 

Perth Offshore Parents Centre

411 Wellington Street

PERTH  WA  6000

at may be granted over the same financial year.

4.                   

and issue 5. The Parent (Migrant) class visa is subject to visa capping due to high demand and limited number of places available. Once the limit set by the Government for the Parent (Migrant) class visa  for a specific financial year has been reached, no further visas can be granted in that financial year. Applicants are queued until a place becomes available.  There are approximately 20,000 people waiting for a decision on a Parent (Migrant) or an Aged Parent (Residence) class visa application. 

a new Gazette Notice advising that, if being couriered, Contributory Parent (Temporary) (Class UT) visa applications are to be addressed to:

 

Perth Offshore Parents Centre

Level 3

166 Murray Street

PERTH  WA  6000


6. The Queuing mechanism is a method of managing the parent caseload so that the visa places available under the parent program are allocated in an orderly way until the numeric target or cap is met.  Queuing eliminates unnecessary requests for the payment of second instalments of visa application charges and bonds.  Applicants know where they stand well in advance and it is more precise.  The queue is a continuum used both before and after the cap is reached.

 

7. The Contributory Parent Category was introduced in 2003 to enable the expansion of the parent migration program, thus addressing the demand in the pre-existing Parent Category while minimising the potential cost to the Commonwealth budget of an increase in Australia’s aged population.  The Contributory Parent Category for 2005-2006 was not to exceed 3, 500 places. 

 

8. The Instrument operates to specify the number of Parent (Migrant) class visas that may be granted for the 2005-2006 financial year.  

 

9. This Instrument does not have a direct, or a substantial indirect, effect on business or restrict competition (subsection 17(1) of the Legislative Instruments Act 2003 refers). As such, consultation was not undertaken.

 

5.                  The Instrument operates to specify the postal and courier addresses to which applications should be sent.

 

6.                  Pursuant to section 18 of the Legislative Instruments Act 2003, consultation was not necessary.  The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

 

There is no change to the post office box address to which applicants may post their application.7.             

 

6. This Instrument, IMMI 06/034, commences on 1 July 2006.

10. The Instrument commences on the first moment of the day following the day when the Instrument is registered (the default commencement, paragraph 12(1)(d) of the Legislative Instruments Act 2003 refers).

 

 

Overview

The Migration Regulations 1994, as amended by the legislative instrument F2006L01866, aim to streamline the application process for Contributory Parent (Temporary) (Class UT) visas by specifying the exact addresses where applications must be submitted, either by post or courier. This regulation was introduced to ensure that all applications for this particular visa category are directed to a designated processing centre, thereby improving efficiency and reducing the administrative burden. The regulation also addresses the growing demand for parent visas by setting caps on the number of visas that can be granted for the 2005-2006 financial year. The Migration Act 1958 provides the legislative framework within which these regulations operate, empowering the Minister to control the number of visas issued annually. The policy objective is to manage the queue of applicants and allocate available visas in an orderly and predictable manner, ensuring that applicants are informed of their standing in the queue and minimising unnecessary delays.

Scope and Application

The instrument under consideration specifies the address to which applications for Contributory Parent (Temporary) (Class UT) visas must be sent and imposes a cap on the number of Parent (Migrant) class visas that can be granted for the 2005-2006 financial year. The legislation applies to individuals seeking Contributory Parent (Temporary) (Class UT) visas, as well as to the entities involved in processing these applications, such as the Perth Offshore Parents Centre. The geographic reach of the Act is national, as it applies to all visa applicants within Australia. The specified addresses for applications to be sent via post or courier are intended to streamline the processing of these visa applications. The cap on the number of Parent (Migrant) class visas is part of a broader strategy to manage the parent migration program efficiently, ensuring that the limited number of available visas are allocated in an orderly manner. This regulation does not extend or restrict its application through subordinate instruments but operates directly under the Migration Regulations 1994 and the Migration Act 1958.

Key Provisions

The primary operative sections of this legislation concern the addresses for applications for Contributory Parent (Temporary) (Class UT) visas as specified under regulation 1221(3)(a) of the Migration Regulations 1994 (paragraph 3). It mandates that these visa applications must be sent either by post or by courier service to the Perth Offshore Parents Centre at a specified address in Perth, Western Australia (paragraph 4). Additionally, section 85 of the Migration Act 1958 allows the Minister to determine the maximum number of visas of a specified class that may be granted in a particular financial year (paragraph 2). This regulation sets caps for the Parent Category, specifically for the Class AX Parent (Migrant) visa and the Class BP Aged Parent (Residence) visa, limiting the number of visas that can be granted in the 2005-2006 financial year (paragraph 8). The Act imposes several obligations on the parties involved. Applicants for the Contributory Parent (Temporary) (Class UT) visa must ensure that their applications are sent to the specified Perth Offshore Parents Centre address (paragraph 4). Furthermore, the Minister is tasked with managing the cap on the number of Parent (Migrant) class visas granted within the financial year (paragraph 2). The regulation also mandates that once the cap for the Parent (Migrant) class visa is reached, no further visas can be granted for that year, and applicants are placed in a queue until a place becomes available (paragraph 5). This queuing mechanism is designed to manage the parent migration caseload efficiently (paragraph 6). Breaches of these regulations may not be explicitly detailed in the text, but generally, non-compliance with visa application procedures or failure to adhere to the visa caps could result in administrative consequences. For instance, submitting an application to an incorrect address could lead to delays or rejection of the application. While the specific penalties are not mentioned, such breaches typically result in the application not being processed, which could lead to significant inconvenience and additional costs for the applicant. It is also possible that repeated or egregious non-compliance could result in more severe administrative or legal repercussions, although these are not specified in the provided text.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.